Important Articles relating to Citizenship

Citizenship refers to a human’s legal position as a lawful resident of a sovereign nation or as a citizen of a country. The word citizenship refers to a person’s complete involvement in any country in which he or she possesses political and civil rights. India’s rules and regulations are controlled by the Indian Constitution. The articles that deal with Indian Citizenship are listed in citizenship articles 5-11. The citizenship draft was developed and discarded several instances before being included as the Part II of the constitution. It was revised hundreds of times before even being incorporated as part II of the constitution. 

Let us have a look at the explanation of citizenship articles and what they say about the nationality of a person.

Art 5 – Membership at the time of the inauguration of the constitution

Every individual who already has his or her place of residence in the Indian territory and has been born in the territory of India or either of whose family was conceived in the Indian territory or has been habitually resident within the territory of India for at least 5 years instantly prior to such beginning, is an Indian citizen.

Art 6 – Citizenship Rights of Some of those individuals who’ve already Relocated to India from the Pakistani Territory

Migrants entering from Pakistan into India have citizen status under the Indian constitution’s sixth article of citizenship.

Irrespective of anything in the 5th article, an individual who now has moved to India’s jurisdiction from Pakistan’s jurisdiction will be considered a citizen of India at the time of the Constitution’s adoption if –

If an individual immigrates from Pakistan into India before July 19, 1948, he or she is regarded as a citizen of India. if one or both of his father and mother were born in India as defined by the Government of India Act, 1935, and also has lived or stayed in India ever since the time of immigration.

Individuals who moved after July 19, 1948, must be recognized as citizens of India by an Indian government official. To be eligible to register, the entitled person must have lived in India until at least six months before the time of his request.

Art 7 – Citizenship Privileges relating To particular Pakistani Migrants

Irrespective of anything in the 5th and 6th article of citizenship, an individual who relocated from Indian territory presently spanning Pakistan later March 1, 1947, shall not be considered an Indian resident:

Granted that nothing in the article shall implement to an individual who, after having migrated towards the territory presently spanning Pakistan, has returned to Indian territory underneath a permit for relocation or trying to return completely authorised by the jurisdiction of any law and every individual shall be regarded to have moved to India’s territory following July 19, 1948, for said reasons of article 6 of clause (b).

Art 8 – Citizenship Privileges of Some of those Indians Living Overseas

According to article 8, any individual who was born and raised in India, as defined by the Government of India Act 1955, or those whose father and mother were born in India, and who is not normally resident in any nation outside India, is regarded as an Indian citizen. If he or she has been recognized as an Indian citizen by either an Indian diplomatic or consular representation in that nation, either before or later to the enactment of constitution, on a request submitted by him or her with the necessary document form to a certain consular or diplomatic official.

Art 9 – Persons who willingly acquire the nationality of a different nation are not citizens of those countries.

If an individual has willingly gained the nationality of any other state, he or she is not an Indian citizen under the 5th article or has ceased to be a citizen of India under the 6th or 8th article.

Art 10 – Continuation of Citizenship Privileges

Article 10 specifies that any individual who is or is considered to be an Indian citizen under any of the previous provisions of the Act will continue to be a resident, compliant with the requirements of any law adopted by the Legislature.

Art 11 – The Right to Nationality or citizenship to be Regulated by Law by Legislature

The 11th article specifies that Nothing could ever completely remove Parliament’s right to enact any provision addressing the acquiring and cessation of nationality, or indeed any subject related to it, provided the already proclaimed provisions in this chapter.

Conclusion

In the jurisdiction of India, there is very much importance of citizenship articles. As it determines individuals nationally. All these articles were made before the commencement of the constitution to provide the people of India their homeland. These articles are enacted upon the immigrants from Pakistan during the freedom of India and to the people who were already in India during that time. It covers the current people of India who are living abroad and in other areas. And about the continuation of citizenship and the regulatory body of the citizenship.